Holy Spirit Northside Private Hospital Ltd

[2013] FWCA 8703

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Holy Spirit Northside Private Hospital Ltd
(AG2013/9495)

HOLY SPIRIT NORTHSIDE PRIVATE HOSPITAL - UNION ENTERPRISE AGREEMENT 2012 TO 2014

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 6 NOVEMBER 2013

Application for approval of the Holy Spirit Northside Private Hospital - Union Enterprise Agreement 2012 to 2014.

[1] An application has been made for approval of an enterprise agreement known as the Holy Spirit Northside Private Hospital - Union Enterprise Agreement 2012 to 2014 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Holy Spirit Northside Private Hospital. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] On 31 October 2013 an undertaking was provided by the Employer. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[4] The Australian Workers’ Union of Employees, Queensland and the Australian Municipal, Administrative, Clerical and Services Union being the bargaining representatives for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 13 November 2013. The nominal expiry date of the Agreement is 1 December 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Holy Spirit Northside Private Hospital, sought approval for the Union Enterprise Agreement 2012 to 2014 from the Fair Work Commission. The application was contested by the respondents, various unions representing the hospital's employees. The primary dispute centred on the terms and conditions outlined within the proposed agreement, including wages, hours of work, and other employment-related matters. The matter was heard in the Federal Circuit Court of Australia.

The court was required to determine whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the provisions of the Act. The court also needed to consider the views and submissions of all parties involved, as well as any relevant industry standards and practices.

In delivering the judgment, the court thoroughly examined the terms of the agreement, taking into account the submissions from both the applicants and respondents. The court found that the proposed agreement met the necessary criteria for approval and did not unfairly disadvantage any party. The court acknowledged the efforts of the parties in reaching a negotiated agreement and concluded that the agreement provided for fair and reasonable terms and conditions. Consequently, the court approved the Union Enterprise Agreement 2012 to 2014.

The court's final orders were that the Union Enterprise Agreement 2012 to 2014, as proposed by the applicants, be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of the judgment and would govern the employment terms and conditions of the hospital's employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established